Today, the Eleventh Circuit issued a whopping 300-page opinion holding PPACA’s individual insurance mandate unconstitutional, in Florida v. HHS, siding with the numerous States that filed or have since joined the case. This is directly contrary to the Sixth Circuit’s June 26 decision in the Thomas Moore case, holding that the statute was constitutional. Notably, both courts delivered divided 2-1 opinions.
The battle is now headed to the next level, with the plaintiffs from the Thomas Moore case having filed their petition for Supreme Court review in late July. The government will likely not be far behind in filing their petition for Supreme Court review of today’s ruling.
You can find further detail on the decisions at the SSD Sixth Circuit Blog or the ACA Litigation Blog.
